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township governments," approved April first, eighteen hundred and ninety-seven, is hereby amended to read as follows:

thirty-fifth

192. In counties of the thirty-fifth class, the county officers Counties of shall receive, as compensation for the service required of them class. by law or by virtue of their office, the following salaries, to wit: 1. The county clerk, one thousand five hundred dollars per Salaries of

annum.

2. The sheriff, four thousand two hundred and fifty dollars per annum; provided, the sheriff shall also receive for his own use and benefit his necessary expenses in all criminal cases, to be allowed as other county charges are allowed by law; and, provided further, that the sheriff shall also receive for his own use and benefit, the mileage, fees, and commissions for all service of all papers whatsoever issued by any court of the state outside of his county.

3. The recorder, one thousand eight hundred dollars per

annum.

4. The auditor, one thousand dollars per annum.

5. The treasurer, one thousand eight hundred dollars per

annum.

6. The tax collector, five hundred dollars per annum; provided, as license collector, he shall, in addition, be entitled to receive, and retain for his own use and benefit, ten per cent on all licenses collected by him.

7. The assessor, one thousand eight hundred dollars per annum, and one deputy not to exceed five dollars per day for not more than one hundred and twenty-five days in any year, and one field deputy not to exceed five dollars per day, for not more than one hundred and twenty-five days in any one year to be paid out of the county treasury.

8. The district attorney, one thousand eight hundred dollars per annum; provided, he may charge and receive for his own use necessary expenses for traveling on county and public business, to be allowed as other county charges are allowed by law. 9. The coroner, such fees as are now or may be hereafter allowed by law.

10. The public administrator, such fees as are now or may be hereafter allowed by law.

11. The superintendent of schools, six hundred dollars per annum, and actual traveling expenses when visiting the schools of his county. And if the board of supervisors provide that he shall not engage in teaching, then he shall receive one thousand two hundred dollars per annum, and traveling expenses, not to exceed three hundred dollars per annum, which expenses are to be allowed and paid as a county charge.

12. The surveyor, such fees as are now or may be hereafter allowed by law; provided, he shall be given all work for the county in which the county employs one surveyor or civil engineer.

county

officers.

13. In counties of this class the township officers, shall receive Township the following compensation, to wit:

In townships having a population of three thousand or more, justices of the peace shall receive a monthly salary of forty

officers, salaries of.

Counties of dollars per month, and constables a monthly salary of sixty dollars per month.

thirty-fifth

class.

Supervisors.

In townships having a population of more than twenty-two hundred and less than three thousand, the justices of the peace shall receive a monthly salary of thirty-five dollars per month, and constables a monthly salary of fifty-five dollars per month.

In townships having a population of more than eighteen hundred and less than twenty-two hundred, justices of the peace shall receive a monthly salary of thirty dollars per month, and constables a monthly salary of fifty dollars per month.

In townships having a population of more than fourteen hundred and not less than eighteen hundred, justices of the peace shall receive a monthly salary of twenty-five dollars per month, and constables a monthly salary of forty-five dollars per month.

In townships having a population of less than fourteen hundred, justices of the peace shall receive a monthly salary of twenty-five dollars per month, and constables a monthly salary of forty dollars per month. The above named salaries shall be in full compensation for all services of said justices of the peace and constables in criminal cases; provided, that, in addition to the salary herein allowed, each constable shall be paid out of the treasury of the county for traveling expenses outside of his township, for service of a warrant of arrest or any other paper in a criminal case, such fees as they are now or may be hereafter allowed by law, for transporting prisoners to the county jail, the actual expenses of such transportation; and, provided further, that for the purpose of this act, the population of the several townships, shall be ascertained by multiplying the number of registered voters at the last general election by five. But said justices of the peace and constables may retain for their own use, the fees allowed by law in civil

cases.

14. Each supervisor, four hundred dollars per annum, and ten cents per mile for traveling to and from his residence to the county seat at each session; and, unless otherwise provided by law, when serving as road commissioner, three dollars per day. But he shall not in any one year receive more than three hundred dollars for services as such road commissioner. 15. All acts or parts of acts in conflict with this act are hereby repealed.

16. This act shall take effect on and after its passage.

CHAPTER CLXXXI.

An act to amend an act entitled "An act to establish a Code of Civil Procedure" approved March 11, 1872, by amending section three hundred and eighty-three thereof relating to the joinder of parties in civil actions.

[Approved March 18, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section 383 of the Code of Civil Procedure of the State of California is hereby amended to read as follows:

severally

sureties

may join as

in action

383. Persons severally liable upon the same obligation or Persons instrument, including the parties to bills of exchange and liable as promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, plaintiffs at the option of the plaintiff; and all or any of them join as affecting plaintiffs in the same action, concerning or affecting the obli- obligation. gation or instrument upon which they are severally liable. Where the same person is insured by two or more insurers separately in respect to the same subject and interest, such person, or the payee under the policies, or the assignee of the cause of action, or other successor in interest of such assured or payee, may join all or any of such insurers in a single action for the recovery of a loss under the several policies, and in case of judgment a several judgment must be rendered against each of such insurers according as his liability shall appear.

CHAPTER CLXXXII.

An act to amend the Code of Civil Procedure of California by adding a new section thereto to be known as section 1514, relating to the closing of estates of decedents when allowed and approved claims are unpaid and the claimant can not be found, declaring when such claims shall escheat to the state, and defining the duties of the county treasurer, state controller and state treasurer in relation thereto.

[Approved March 18, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Code of Civil Procedure of California to be known as section 1514 and to read as follows:

Manner of closing estates when claims are unpaid and claimant can not be

1514. Whenever any claim has been presented to an executor or administrator, and to the court, and has been found.

allowed and approved, but the same shall not have been paid, and the estate is in all other respects ready to be closed, if it be made to appear to the satisfaction of the court or judge, by affidavit, or by testimony taken in open court, that the same can not be, and has not been, paid because the claimant can not be found, the court or judge shall make an order fixing the amount of said claim, with interest, if any, and directing the executor or administrator to deposit the amount with the county treasurer of the county in which the estate is being probated, who shall give a receipt for the same, and who shall be liable upon his official bond therefor. Such executor or administrator shall at once make the deposit in accordance with such order of court and shall forthwith proceed to close up and settle such estate. Upon the final settlement of his accounts, the receipt of such treasurer shall be received as a proper voucher for the payment of such claim, and shall have the same force and effect as if executed by such claimant. When the amount so Deposit in deposited is not claimed within five years the court or judge, upon such showing by the affidavit of the county treasurer, must direct the same to be deposited in the state treasury for the benefit of such claimant, or his legal representative, to be paid to him, whenever, within five years after such deposit, proof to the satisfaction of the state controller and state treasurer is produced that he is entitled thereto. When so claimed, the evidence and the joint order of the controller and treasurer must be filed by the treasurer as his voucher, and the amount of the claim paid to the claimant, or his legal representative, on filing the proper receipt. If no one claims the amount, as herein provided, the claim devolves and escheats to people of the State of California and shall be placed by the escheats to state treasurer to the credit of the school fund. This section shall be applicable to any and all estates now pending in which a decree of final discharge has not been granted. SEC. 2. This act shall take effect immediately.

state

treasury.

When

amount of claim

state.

Superior court may appoint guardians; on what petition.

CHAPTER CLXXXIII.

An act to amend section 1747 of the Code of Civil Procedure of the State of California, relating to guardians of minors.

[Approved March 18, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section one thousand seven hundred and fortyseven of the Code of Civil Procedure of the State of California, is hereby amended to read as follows:

1747. The superior court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either of them, of minors who have no

guardian legally appointed by will or deed, and who are inhabitants or residents of the county, or who reside without the state and have estate within the county. Such appointment may be made on the petition of a relative or other person on behalf of the minor, or on the petition of the minor, if fourteen years of age. Before making such appointment, the court must cause such notice as such court deems reasonable to be given to any person having the care of such minor, and to such relatives of the minor residing in the county as the court may deem proper. In all such proceedings, when it appears to the satisfaction of the court, either from a verified petition, or from affidavits, that the welfare of the minor will be imperiled if such minor is allowed to remain in the custody of the person then having the care of such minor, the court may make an order providing for the temporary custody of such minor until Temporary a hearing can be had on such petition; and when it appears to minor. the court that there is reason to believe that such minor will be carried out of the jurisdiction of the court before which the application is made, or will suffer some irreparable injury before compliance with such order providing for the temporary custody of such minor can be enforced, such court may at the time of making such order providing for the temporary custody of such minor cause a warrant to be issued, reciting the facts, Warrant to and directed to the sheriff, coroner, or constable of the county, commanding such officer to take such minor from the custody of the person in whose care such minor then is and place such minor in custody in accordance with the order of the court. SEC. 2. This act shall take effect immediately upon its passage.

custody of

issue.

CHAPTER CLXXXIV.

An act authorizing the regents of the state university to hold farmers' institutes, making an appropriation therefor, and prescribing the duties of the controller and treasurer in relation thereto.

[Approved March 18, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

institutes.

SECTION 1. The board of regents of the University of Cali- Farmers' fornia is hereby authorized to hold institutes for the instruction of citizens of this state in the various branches of agriculture. Such institutes shall be held at such times, and at such places, as said board may direct. The said board shall make such rules and regulations as it may deem proper for organizing and conducting such institutes, and may employ an agent or agents to perform such work in connection therewith as they deem best. The course of instruction at such institutes shall be so arranged as to present to those in attendance the results of the

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